Accident Attorney in Melville, NY

Between 2017 and 2018, 27,226 people visited the emergency room for unintentional injuries. Accidents happen, but when they result in serious injuries, they are more than just an inconvenience. The outcomes can be devastating and life-changing, creating financial, physical and emotional hardships. If you sustained injuries in an accident caused by someone else’s negligence, you deserve fair compensation for your losses.

You can’t count on the insurance companies to provide a satisfactory settlement. An insurance company is a business, and it exists for profit. It serves shareholders, not customers. You may need to pursue legal options to recover damages, and a Cellino Law accident attorney in Melville, N.Y., can help you navigate the system.

Navigating a Legal Claim With an Accident Attorney’s Help

Filing a lawsuit is often a scary process for accident victims. It doesn’t have to be. When you hire a trusted attorney with experience and knowledge in your type of case, you can leave the problematic legal tasks in the lawyer’s hands while you attend to the challenges of recovering and getting your life back on track. A Cellino Law accident attorney fights for your right to fair compensation from the first meeting until your case is settled.

Conducting a Case Evaluation

The first step in the process is a case evaluation. Lawyers should always review the facts of your case and give you an honest assessment of its strengths and weaknesses. You need to be aware of the challenges you might face heading into a lawsuit. Your accident attorney should also provide you with all your options and advise you on the best way to proceed in your situation.

Communicating With the Other Side

Talking to insurance companies and defense attorneys is usually not something accident victims look forward to or have time for. When you don’t know how to communicate with the other side, you may make statements that are not in your best interests. Unfortunately, it isn’t hard to say the wrong thing, and the insurance representatives and legal counsel are adept at leading victims to say something they can use against them. Your lawyer should handle all communications with the other side.

Collecting the Evidence

Legally, it’s always up to the claimant to establish fault. You need evidence to support your claim from as many avenues as possible. Cellino Law attorneys work tirelessly to gather proof of liability, including the following:

  • Statements from witnesses
  • Photos and videos from the accident site
  • Statements from relevant professionals
  • Medical evaluations and reports
  • Police and investigator reports

Your lawyer also helps you gather the documentation you need to calculate financial losses.

Calculating the Damages

Adding up the hospital and medical treatment receipts is just one component of figuring up your total losses. Potential damages also include:

  • Future medical and rehabilitation expenses
  • Transportation costs
  • Accrued and future wage losses
  • Lost earning capacity
  • Counseling expenses
  • Pain and suffering

Your accident attorney knows how to calculate economic and non-economic damages, including projected expenses.

Negotiating With the Defense

When you file a legal claim for an accident case, there is typically a negotiation process before the court date. The defense usually wants to avoid going to court, so they are invested in working something out ahead of time. Your attorney handles the negotiations, ensuring your rights are protected and fighting to obtain a fair settlement in your best interests.

Representing You in Court

When negotiations break down, and the other side refuses to accept a fair settlement, your accident attorney in Melville, N.Y., represents your interests in court. Though very few personal injury cases ever see the inside of a courtroom, you need an attorney who is prepared to fight for you in court and has a successful track record for other clients.

Knowing What Cases Accident Attorneys Handle

Personal injury lawyers work with accident victims pursuing legal claims to recover damages. Not all lawyers deal with all types of cases. You want to ensure the firm you choose has experience handling your specific accident category. A personal injury attorney’s most common issues are traffic, slip-and-falls and workplace accidents.

Traffic Accidents

There were 9,135 traffic accidents in N.Y.C. between January and June 2022, resulting in 4,808 injuries and 19 fatalities. Traffic accident cases are the most common type of claim an accident attorney handles. Though New York requires residents to carry personal injury protection, you can still file a lawsuit if your medical and lost wages exceed your policy limits. You can also file to collect non-economic damages, such as pain and suffering.

Slip-and-Fall Accidents

Falls accounted for an estimated 8,618,000 emergency room visits in 2017, making up the largest percentage of injury causes seen in emergency rooms by far. If you slip and fall on someone else’s property, you may be able to recover damages if the property owner’s negligence caused the accident. Proving these cases is tricky, so you need an accident attorney who has the experience and success in handling slip-and-fall claims.

Workplace Accidents

New York law stipulates that most employers must have employee workers’ compensation insurance. Employees who get hurt on the job are entitled to file a workers’ comp claim, but they can’t sue their employers. However, in some cases, the fault of the accident lies with a third party.

The construction industry is a prime example. Construction is a dangerous job, with 505 injuries and nine fatalities in N.Y.C. in 2021. A worksite often involves multiple vendors and contractors, all responsible for maintaining a safe working environment. An accident attorney in Melville, N.Y., can help you determine if you have a right to pursue a legal claim for a workplace injury.

Understanding the Relevant Laws

Civil claims for accidents fall under personal injury law. Several statutes regulate personal injury lawsuits, some related to specific types of accidents. For instance, Chapter 28, Article 51, deals with auto insurance legalities, including stipulations for when you can file a lawsuit. However, two laws are relevant in all personal injury cases.

Comparative Fault

New York’s comparative fault law has a significant impact on the outcome of your case. Often, more than one person is responsible for an accident, including the injured party. The state requires consideration of fault percentages when determining how much of the damage award you are entitled to receive.

Fortunately, this state follows a pure comparative fault rule. You can recover damages even if you are partially to blame for the accident. However, how much you receive depends on your percentage of liability. If you are 10% liable, you lose 10% of the awarded damages. If you are 95% responsible, you only receive 5% of the settlement amount. An accident attorney may improve your chances for a more favorable outcome.

Statute of Limitations

The statute of limitations is a stringent deadline on how long you have to submit a legal claim. For most personal injury cases, you must file within three years of the accident. If you don’t file in time, you miss your opportunity to pursue a lawsuit.

Working With an Experienced Accident Attorney in Melville, NY

At Cellino Law, we have the knowledge and experience in handling a wide range of personal injury cases. We also understand how important it is for victims to have an opportunity to recover their losses without further financial and emotional stress. Our firm works on a contingency basis, so we don’t get paid unless we win your case for you. Get the personal attention you deserve. Contact us today to schedule a free case review.

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Testimonials

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

    Veola

  • My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.

    Arthur

  • It was a great pleasure working with you on my lawsuit. You certainly gave 150% of your time and interest in settling my case and for that, I am extremely grateful. Therefore, I want to thank you very much for helping me win my settlement and wish you the very best.

    Linda

  • Thank you for your efforts on my behalf. I am very pleased (and surprised) at the amount of the settlement. We will use the funds to help pay down the debt on the truck we had to purchase after ours was totaled. Thank you again.

    Linda

  • I highly recommend Cellino Law to anyone involved in a car crash. I worked with Michael Lovecchio, and had a wonderful experience given the circumstances. He was very attentive, and got the best possible outcome I could have wanted.

    Susan